“He [Ogin] never had [expletive] permission, doesn’t own the land doesn’t pay the land owners taxes, never asked for permission to hunt. He flat out refuses to leave when he was told he was trespassing, [it] sounds like your one of the guys that hunts on public land. Good place for you. Why dont you go back there and keep your [expletive] mouth shut.”

He also commented, “…It’s trespassing. He doesn’t own it. If he wants to hunt the property, let him pay the taxes; have the common decency to ask permission to hunt.”

UPDATE 5/20, 4:44 PM:

A trespasser’s son has responded to the unfolding events. Leroy Ogin Jr. contacted D&DH just now and offered these comments in a direct message on Facebook:

“I’m just [upset] because … one video can spread so fast … to top it off, there are people [who] have no idea of what happened and don’t know the true facts … saying how funny this is and he got what he deserved. I wonder if it happened to them or one of their children if they would think its funny. Then they say they deserved it. I deal with people on my in-laws land where I hunt(110 acres) and all I do is let them know they are on private property and tell them to leave. We don’t put out traps like this guy did. That’s going too far!”

UPDATE 5/20, 2:43 PM:

In a D&DH forum and subsequent email exchange with a man stating he was Michael Condoluci and said he did, in fact, warn Ogin previously about trespassing on his land.

On the forum, he wrote: “I’m the one who did this to this idiot. I’ve owned the land for 6 years. He’s been hunting on my land every year. I tell him every year he is trespassing, he refuses to leave and tells me he’s been hunting here his whole life. My land is posted and I even have signs trespassers will be painted, and patrolled by Sherwin Williams, maybe the jerk can’t read and if that’s the case, he shouldn’t be hunting. Don’t think I will see him next year.”

D&DH responded directly to the email address, asking Condoluci if he wanted to make further statements on this situation.

“Talk to you in 6 months after the hold period,” he replied. “Just have to say he was warned about trespassing before.”

The woman who uploaded the video onto YouTube added these comments on that site this afternoon: “This man has been warned for being on private property. He chose not to listen. There was [sic] many signs posted about the paint. Unfortunately, you cannot see in color, but his clothes were not ruined. They were old, stained and ripped. What you don’t see is another young man who actually destroys a few things in [sic] the property.”

FULL STORY BELOW:

An elderly deer hunter who was sprayed with paint while trespassing on a neighbor’s property on opening morning of the 2013 Pennsylvania deer season has had the charges stayed by the State. The charges will most likely be dropped in early August if he does not have further complaints filed against him. In another twist, the landowner who set the paint bomb was also ticketed in the incident — on charges of criminal mischief and criminal harassment for allegedly rigging up a trip wire that was attached to an explosive device that discharged a paint bomb on opening day of Pennsylvania’s 2013 gun-deer season.

By Daniel E. Schmidt

In an exclusive interview with Deer & Deer Hunting on Monday, Leroy Ogin, 73, said he had been hunting the property near his home in Luzerne County for the past 61 deer seasons without incident. While admitting he was technically trespassing, he said he did not intend to hunt that property; instead he was using an old logging road to gain access to a spot he has hunted for decades.

“I was 8 feet onto his property,” Ogin told D&DH. “I’ve walked that trail hundreds of times over the years. He never said I couldn’t walk there.”

Ogin’s interview with Deer & Deer Hunting was the first he had conducted with the media on the incident.

WATCH: Ogin set off a trip wire that was attached to an explosive device.

As evidenced in a YouTube video shared on Deer & Deer Hunting yesterday, Ogin is shown via a trail camera walking through the wooded area when an explosion occurs. He is stunned, and then the video shows him wiping a substance from his face, body and gun expelled from a device attached to a tree trunk. He said the substance was paint.

Ogin said the explosion came from the explosive device being wired to an automobile an air bag mechanism wired to a switch that set off the paint bomb attached to a suspended wire.

“I thought I was shot with a gun,” Ogin told D&DH. “I then realized I had paint all over me. It was a permanent-type of paint. It ruined my hunting uniform, my hat, my gun … everything. I walked back to the house — about a quarter-mile — my wife thought I was shot, too, because the paint was red.”

No Prior Warning?
Ogin said the landowner did not confront him that day or any day prior to inform him he could no longer use the logging road to access his hunting spot.

“About a week and a half later, I get a summons in the mail for trespassing,” Ogin said. “And I also find out that this video is on the YouTube. I don’t have a computer or anything like that, so I didn’t know anything about a video.”

“I was 8 feet onto his land,” Ogin continued. “He never said I couldn’t walk there — like I have done for many, many years. The only time I’ve ever talked with him was the year before when I was on the other neighbor’s land and he came up from behind me and said, ‘You’re getting pretty close (to the line) don’t you think?’ He never said a word (about staying off the logging road).”

Proceedings in Process
The ticket against the landowner, 53-year-old Michael Condoluci, is scheduled for later this year with the Luzerne County Magistrate’s Office, according to the district court office.

Ogin also told D&DH that he didn’t know the logging road was off the property line and that he would have stayed off the logging road had Condoluci asked him. He said the other landowners in the area freely allow hunting and walking access to deer hunting areas.

As for his setback during this last opening morning hunt, Ogin said it did not deter him from continuing to hunt.

“I went back out later that day,” he said. “I still had red paint all over my glasses and in my beard, but that wasn’t going to stop me.”

According to a clerk at the district court office, Ogin’s trespassing ticket was issued at 9 a.m. on Dec. 2, and Condoluci’s tickets were issued at noon that same day.

The clerk said Ogin’s ticket was placed on hold beginning Feb. 12 and lasting for six months. She said normal procedure is the ticket will be dismissed after 6 months if no other charges are brought against the party. She said the same scenario would likely hold true in the case for Condoluci. His charges were placed on hold beginning May 7, also for a period of six months.

Deer & Deer Hunting’s Web team will continue to cover this story and provide updates as they become available.

To all you people,that think he has the right to hunt where ever he feels like it,must not have your own property or hunt.So why would you care, your probably sitting on your fat ass doing nothing but minding other peoples business for them.

You are a very angry person who doesn’t understand the law. Why don’t you take that negative energy and use it wisely? Like, maybe, studying the adverse possession and prescriptive easement laws, perhaps?

Dear kellory and those who believe the trespasser is a liar… this man has walked this trail with landowner permission until this year when dispute with landowner who abuts this coward’s land occurred. this coward set up his “defense” against anyone who walked 8 feet onto his property… how about the neighboring landowner who hunts and has a 12 year old son in mentoring program… god forbid, he stepped over the line as well… not only would this coward have assaulted a senior citizen, he would have assaulted a child as well… when does this nonsense stop? We are landowners, post our land, but NEVER would set up assault against trespassers… it’s all about talking to those people walking or posting on our land… Does it matter that the coward had his deer stand on property posted for no trespassing and was asked to move it? He was not assaulted… only asked to remove his stand from land that was not his… that is the way it should occur… this coward is giving good law abiding land owners and hunters a bad name and shame on the court system for not acknowledging an assault on a senior citizen.. Deer hunting magazine needs to follow up and find out the REAL story… what do other landowners do?

Hey Martha who’s the coward you or him he only lives 2 houses down,why don’t you go see him.Besides it has nothing to do with you so mind your own BUSINESS…………………….Oh yes.Deer and Deer hunting will get the real story real soon………………………………

I think Ogin should sue Condoluci and make this outcome very interesting. Ogin has the law on his side. Condoluci acted before he studied the law, and acted inappropriately. If Ogin pursues this, Condoluci would be fined heavily under any experienced judge, and Ogin would receive not only damages, but also perpetual prescriptive permission.

Yes, I have hundreds of acres and I lease out most of it for hunting. Who said I feel bad for Ogin – I guess just you. Under any experienced district judge, he would be free to continue. Why do you think I wrote the law? It is what it is.

I don’t think the trespasser has prescriptive rights until they are established by a court and put into a written document. Establishing prescriptive easements and rights isn’t free or cheap. Until he goes to court, I think the man is a trespasser and possibly a poacher. He is not a victim.

Sorry, but that’s not how the law works. Prescriptive easements and land use acquisitions through repetitive use do not require documents. Learn how the adverse possession laws work. What you think and what the law is are two different things. This man will continue to have the right to get to his stand this way every year, and the owner will probably be fined for setting the trap. I feel the same way as you and most do, but I have also learned the law, which could not care less about our feelings.

I think the trespasser got what he deserved, the land owner should have also put skunk urine in the bomb. I myself am sick to death of these dam trespassers, pull there hunting rights and fine the hell out of them!!!!!!

It does not matter what anyone deserves or how anyone feels. The current law is clear. Under Prescriptive Easement, which is part of the Adverse Possession law in every State in the union, anything a trespasser does without permission for a statutory period of time may legally continue indefinitely, until a year passes without such activity. Then the clock is reset. We may not like it, but the law is the law. This trespasser could sue this landowner and would win under any educated judge. What I see in these blogs over and over is mainly uneducated young men spouting off about their feelings instead of doing case law study and posting anything intelligent.

Doesn’t the easement have to be stated in the title or deed when the property rights are sold and the new owner takes possession? Otherwise how does the new owner know there is an easement? The survey must show any easements. Try leaning all real estate law.

i haven’t laughed that hard in a long time! ogin got what he deserved or maybe not enough?
a bear pit would have been really funny and then have the paint bomb go off!

dumb bastard was told many times about no hunting and land was posted with signs and he admits to trespassing so his ass should either be going to jail, or fined and be put on probation and/or have his hunting privileges revoked!

You people are missing the point. No where was it stated that the law as contacted at any time for the past 6 years that he was caught trespassing! If the landowner had filed trespassing charges I would think a Judge would get sick and tired of seeing this trespasser in his courtroom and the fines would get worse each year. I think $500.00 is the top fine in Pennsylvania???

My feelings are that the Farmer/Landowner went to far without a paper trail going back 6 years.
If you catch Trespasser you should to see their Hunting/Fishing License. If they refuse to show it to you then call the Game/Fish Commission and tell their Law Enforcement your story. The Law is that anyone that steps on your land to Hunt/Fish must show that License to you, being the Landowner!!! You can always call the State Police!!!

I have never heard of this particular law that is referred to here. I do know that here in Georgia if you have your property properly posted with No Trespassing signs then anyone who trespasses and can will be arrested. We also have a law that dates from the late 1800’s that allows for trespassers to be shot by the owner. I cannot recall of anyone being shot in my lifetime for trespassing but I do know of several that have been arrested after being ticketed. If I lived in the area in this article I would be working with my Senator and Representative to have this law changed allowing someone to be able to trespass on one’s land just because they have done so in the past. This is a ludicrous law as the offenders has absolutely nothing invested in the property and pays no taxes on it so why would they have any entitlement to using it ?

Kevjack, the trespasser creates the dangerous situation, because neither the landowner or trespasser know where each other may be and someone could easily get shot. The dangerous and cowardly act was perpetrated by the trespasser. You are totally wrong.

The trespasser knew by his own admission he was trespassing .. Had been warned about trespassing in the past and saw signs right before getting painted about trespassing and he still does not get it that he is not wanted on that property????

Hello??? Get a clue man. Your not wanted there. You are TRESSPASSING! not that spelling it out in bold caps is going to do any good for you since you apparently haven’t got good reading or comprehension skills?!or you are just to muck of a type A to take no for a answer.

I have to admit putting a paint bomb is going to a extreame but I bet it’s got your attention?? If not maybe you need to seek some mental health help.

“He never said I couldn’t walk there.” They never said I couldn’t rob the bank either. What a duffus. It’s NOT your property so KEEP OUT. This creepy trespasser should be prosecuted to the fullest extent of the law and his hunting license revoked for life or slapped senseless.

If he were prosecuted to the full extent of the law in any of the 50 states, then he would gain a written perpetual easement, and the owner would be fined. This is the law, and you can’t make up your own based on your feelings.

I live in Pa and we have had a land lease for the past 7 yrs. and had trespassers every yr. they used our stands and the four-wheeler tracks and footprints in the snow to prove it. they know when we are there and when we arn’t and take advantage of it. the locals don’t care they have there own seasons and bag limits you could try and call the police or the game commission but good luck with that the only thing that will get you is your cabin broken into or burned down im surprised somebody hasn’t been shot. the game commission has things so screwed up in Pa basically selling tags for deer that arnt there and now we have CWD people are angry and then to have people trespass is adding fuel to the fire could he have gone about it another way maybe on the other hand im sure the hunter knew exactly were he was there are two sides to every story.

I think it’s great. I have been hunting the same property for 15 yrs and recently I have I local hunter that comes by my stand, takes a dump, makes fake rubs, flips off my deer cam, yes I have pics, and sheriff will not do a thing. I would love to set a trap up like this, how? Help me out, please. I tried to do this legally, but the sheriff will not do anything because it’s a small town. Then the sheriff said if I want the trespasser off the property I will just have to fight this inbred piece of trash. Can you help and let me know how to build this?

They put cameras on everything now. take advantage to the technology. record video to your cell phone the next time you file a complaint. If he gives you the same answer again file a suit against him, the department and the county.

While I agree with the land owners rights, I think his method was both moronic and cowardly (as kevjack6 stated above). He knew who the guy was. Go knock on the guys door, explain the law and your rights, let him know he was being recorded and that you would contact law enforcement. That explosive device could have done eye damage or a heart attack. It could have been tripped by an animal or maybe a child. They dont deserve to be painted red. Also, those airbag explosions can cause fires if the ground was very dry. I would hate to have this pus as my neighbor.

As I see it the landowner was perfectly justified in what he did, it’s his land he can booby-trap the whole damn place if he so chooses. If the guy had permission to be there he would know where the trap was to avoid it…. The land owner shouldn’t be getting a ticket because someone was caught it a trap and ruined his hunting gear, a simple case of wrong place right time.

First of all you don’t know nothing about it,he has been told for the past 6 six years,the land is posted.He doesn’t have the common decency to ask for permission he just helps himself,people like him belong on the state gamelands thats what they are there for.

Trespasser is a liar. He glanced at the posted sign as he approached. He states both “I had no idea” and “I was 8′ onto his land” he knew EXACTLY what he was doing, and already KNEW the land owner was watching the property lines from his one previous meeting. He got what he deserved, and should be prosecuted the next time.

Trail cameras provide an excellent tool for capturing images (complete with date, time, temp, and sometimes moon phase) of trespassers so they can be identified and charged. But it should not go beyond that. Such antics can escalate.

I’m reminded of the story of the watermelon farmer who had a problem with kids stealing a melon now and then. So he posted a sign: “One melon in this patch has formaldehyde in it”. The next day, “one” had been crossed out and replaced with “two”.